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<br />~~p~a,P i!~i7f)J )qou nty
<br />Iscuss1runter Creek
<br />
<br />Ry nan' ll&turorth
<br />~sp{"n (,olTf'~pondf'nt
<br />j)EN - Aspen's Cih'
<br />'il has \'ol('d In "sctlle='
<br />('1J(.'l'S with the Southeast
<br />r Cot\~4..'rvan{'y D\stric1
<br />ht! ulllOunl uf water to hfo
<br />'~'d Irlllll twu lribul.lriC's
<br />lun!<'r en'd. out Ihl'
<br />I COllllly ClHllll1i::isioners,
<br />hl' k('~' In Iht. qucslion,
<br />1"1 yet rcadll'o a decision
<br />...vhal III do ubuul two
<br />ib Ihl..'Y'\,c filed over lhe
<br />Ion.
<br />lint "exl'culi\.'e" meeting
<br />IJ..... night. !lplwcen the two
<br />/ling hollies produced no
<br />Isi\'t, dl.'l'biun, primarily
<br />S(! lhp lhin.J and "swing"
<br />011 the County Com-
<br />m - l!nh Ch\l<.l- wasn't
<br />SUl'h ~l'.~i:;ions arc
<br />I 1<1 Ihe public but this
<br />ilS hclei so Ih(> county ~lnd
<br />ollie! illslrucl water ai-
<br />,'~ a~ III what ('uursc 10
<br />
<br />:l'lIll""l qUl.~ti(lI\ arm;l'
<br />usl how far ~ and aflcr
<br />mallY dollOlf:i -. the
<br />,;ulio!l of two ('ivil ~)Uits
<br />19 to prc\'l'JlI greater
<br />;iolls from Midway and
<br />I Ill' Cn'('k~ should ~(),
<br />J14h tht' city voted to
<br />0/1 with settlemenl con-
<br />''-'S wilh Soulllt'3sl, the
<br />~'OIlllllissi{Jners presenl
<br />,rcd 10 splil when pul the
<br />nn, according to an Db-
<br />
<br />server,
<br />Cum missioner Joe Ed.
<br />wards. considered the most
<br />familiar u( Ih(' 10 elecled city.
<br />county officials with waler
<br />diversion, was oppos€'d '0 any
<br />s('lll~m('nl. BlIl a s('C'ond con;.
<br />llIis:-.iuller, Michael KinslE'Y,
<br />aplWart'd tu be' "If'aning in
<br />(a\'1l1' of sl.'ltlcmf'nt," il ~(llll'('l'
<br />:-..tid.
<br />Till' city IS ~hilring; with the
<br />counly lhe legal cosls of
<br />relaining the Boulder waler
<br />law firm of Musick and
<br />Assoe'iates 10 handle lhe Hun-
<br />ler Cr~ek contruversy,
<br />O1llhough Ihe county is
<br />primarily pushing the suits,
<br />"The wind is blowing our
<br />way," said one oHicial
<br />foHo\\'in~ the ml'cling. He was
<br />referring (0 Ihe recenl legal
<br />opinion issued by Inlerior
<br />D('parlTlwnt solicilor Leo
<br />Krulilz ,h"rply limiting Ihe
<br />purpllsc and alllllunl of water
<br />Ihal ('an hl' PUIIJlwd uul flf the
<br />two tl'lhu'arics 'owards 'he
<br />Ea!-.teMl Slope, eventually to
<br />serve a~rieultural and
<br />dcvdopmcnl interests in (he
<br />Pueblo-Color"do Springs
<br />ore:..
<br />Qne decision mad(~ al the
<br />Monday meeting here was to
<br />conlael several senalors and
<br /><<.'ollJ.!J"essJncn - among them
<br />S('nalurs lIart, lIaskclJ, and
<br />Mike Gr"vel of Alaska who
<br />has a vacalion home near
<br />
<br />here to survey
<br />congressional opinions on a
<br />legislative move to have
<br />Conj;!,rcss authorize' (he
<br />greater diversions. Krulitz'
<br />opinion was based on 'hl'
<br />orir.inal authorization, whieh,
<br />Ihl' solicitor rul('d, limitl'd lh('
<br />purpose and amount o( w,llel"
<br />10 he tak{'n.
<br />
<br />Thr setllcm~nt discussions
<br />W<'I"(' undC'rway when Pitkin
<br />County stymic.>d, 011 fl1l' lasl
<br />minule, a move 10 rush
<br />Ihrough Ihe lIouse Inlerior
<br />Commillce the authorizalion.
<br />Lawmakers said Ihey Ihoughl
<br />Pitkin County l::tupported the
<br />move when, ill facl, it didn't.
<br />The county's position has b('cn
<br />to supporl no legislalion until
<br />a selllcmenl is reached.
<br />
<br />The counly litigation
<br />challenges minimum str<,am
<br />flow figuf(~s drawn up by Ihe
<br />8url'au of H('c1amalion. Coun-
<br />Iy CommissioJler Joe Ed-
<br />wards has charged the BUI't'au
<br />with a "(raud" in pUlling now
<br />fiRUft'S out of "(hill air." Ed-
<br />wards said he received a
<br />memo from Ihe U.S. Fish and
<br />Wildlife Serviee supporting
<br />his claim.
<br />
<br />"We hope Ih"t a final result
<br />of Ihis whole Ihing will be 10
<br />expose Bureau of
<br />Rcclamalion shLlms all ()\'t'r
<br />the country," one observer
<br />said.
<br />
<br />"
<br />
<br />Sen. Ilaskell
<br />
<br />~~7'J.'i')~ ,
<br />
<br />set to pounce~
<br />forFry-Ark <"
<br />.
<br />
<br />By Star-Journal, CbletlalD
<br />Wa.bIDgtoa Bureau
<br />
<br />Sen, Floyd K. Haskell, D-Colo"
<br />said here Thursday afternoon that,
<br />"I think we have a bill" to which he
<br />plans to attach an amendment in
<br />the' Senate nulifying an Interior
<br />Department's decision which has
<br />the effect of curtailing the
<br />operation of the Fryingpan-
<br />Arkansas Project.
<br />"We are ready to go, I don't want
<br />to tip our hand, but we are ready to
<br />pounce," Haskell said, Haskell
<br />declined to indicate what bill he
<br />has in mind,
<br />But this bureau 'has learned that
<br />the bill Is one that has passed the
<br />Senate and later was enlarged
<br />upon by the House and which,
<br />among other things would add
<br />,71,000 acres to White River
<br />National Forest in Pitkin and
<br />Eagle counties, The bill is back in
<br />the Senate and soon will go to
<br />conference between the houses,
<br />That forest is in the district of
<br />Rep, James p, Johnson, R-Colo"
<br />who has opposed action on a
<br />Fryingpan bill in the House In-
<br />terior Committee,
<br />Haskell said he felt an opinion
<br />issued by Interior Solicitor Leo
<br />Krulltz on June 28 "is dearly
<br />wrong, I think it has to be over-
<br />
<br />turned by legislation, The only
<br />other alternative would be long and
<br />costly litigation,"
<br />Krulitz's opinion stated the
<br />Bureau of Reclamation could not
<br />divert more than 3.000 acre-feet
<br />annually out of the Hunter Creek
<br />drainage without additional
<br />congressional authority, The
<br />bureau is now building a collection
<br />system above Aspen which would
<br />divert 10.000 acre-feet annually out
<br />of the Hunter Creek drainage for
<br />the Fryingpan-Arkansas diversion,
<br />After Rep, Frank Evans, 0-
<br />Colo., had been unable to get his
<br />bill through the House Interior
<br />Committee on Sept, 20 because
<br />Pitkin County interests and
<br />Johnson objected to it. he called a
<br />press conference Wednesday
<br />issuing a call for the senators to get
<br />the Fryingpan legislation moving
<br />on the Senate side,
<br />Sen, Gary Hart, D-Colo,. issued a
<br />.tatetment through his press aide
<br />Thursday saying that his and
<br />Haskell's stafr "have identified a
<br />vehicle to whiCh we can offer
<br />current legislation, We are hopeful
<br />that this approach will take care of
<br />questions raised by the Interior
<br />solicitor, We oppose his opinion as
<br />inaccurate in interpretation of the
<br />original Fryin~p~n's authorization
<br />and Its legislative history,"O
<br />
<br />.
<br />
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